Bill Text: NJ SCR100 | 2016-2017 | Regular Session | Introduced
Bill Title: Constitutes Joint Committee on the Public Schools as special committee to investigate operation of Newark School District in regard to its ability to ensure students thorough and efficient education; grants committee subpoena power.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-02 - Introduced in the Senate, Referred to Senate Education Committee [SCR100 Detail]
Download: New_Jersey-2016-SCR100-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Constitutes Joint Committee on the Public Schools as special committee to investigate operation of Newark School District in regard to its ability to ensure students thorough and efficient education; grants committee subpoena power.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution constituting the Joint Committee on the Public Schools as a special committee to investigate the operation of the Newark School District.
Whereas, In 1995, the State Board of Education, acting pursuant to the then-applicable school takeover law, authorized the removal of the Newark School District Board of Education and the creation of a State-operated school district; and
Whereas, A new school district monitoring system was enacted in 2005, the New Jersey Quality Single Accountability Continuum (NJ QSAC), which was designed in part to provide a roadmap for the restoration of local control in the three school districts which were at that time under State control, including the Newark School District; and
Whereas, Under NJ QSAC, each district's performance is assessed in five key components of school district effectiveness: instruction and program, personnel, fiscal management, operations, and governance; and
Whereas, In accordance with the provisions of NJ QSAC and the attainment of satisfactory performance scores, local control of operations was returned to the Newark School District in October 2007. The State initiated the return of local control in the area of fiscal management in June 2014, thereby empowering the local school district advisory board of education to vote on matters presented to the board relating to the function of fiscal management, subject, however, to veto by the Acting Commissioner of Education or his designee; and
Whereas, Because the State refuses to relinquish control in the critical area of governance, the Newark School District continues to be under direct State control and is run, not by its own local board of education, but by a State-appointed State district superintendent of schools; and
Whereas, The current State district superintendent has initiated the controversial "One Newark" plan for reorganizing the schools of the district, with the plan consolidating and relocating many of the city's schools and allowing several charter school operators to open in neighborhood schools; and
Whereas, The "One Newark" plan was initiated without sufficient community input and this lack of an adequate public discussion on the sweeping changes imposed on the district by the State has been divisive and destabilizing to neighborhoods and has left the public with many unanswered questions and great concerns; and
Whereas, The United States Department of Education has opened a civil rights investigation into that plan in response to a complaint filed by Newark parent advocates that the planned closing of three schools which have a predominantly African American enrollment discriminates against students on the basis of race; and
Whereas, In addition to issues regarding the "One Newark" plan, the Newark School District faces many other challenges including a looming budget crisis, concerns regarding possible improprieties in the awarding of consultant contracts, and concerns related to the State district superintendent's executive staff salaries and raises; and
Whereas, By statute the Joint Committee on the Public Schools has been charged with conducting a continuing study of the system of free public schools, its financing, administration, and operations and making recommendations for legislative action as it deems practicable and desirable for the maintenance and support of a thorough and efficient system of free public schools; and
Whereas, In light of the "One Newark" plan and various other problems related to the operation of the Newark Public School District, the Joint Committee on the Public Schools has repeatedly requested the attendance of the State district superintendent before the joint committee in order to provide testimony and answer questions regarding the grave concerns which have been raised, but the State district superintendent has chosen not to attend; and
Whereas, Given the enormity of the issues raised in regard to the Newark School District and concerns regarding its ability to ensure that the students of the district receive their constitutional right to a thorough and efficient education, it is entirely fitting and proper that the State Legislature through the Joint Committee on the Public Schools thoroughly investigate the operations of the school district; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Joint Committee on the Public Schools is constituted as a special committee in accordance with the provisions of chapter 13 of Title 52 of the Revised Statutes. The committee shall investigate the operation of the Newark School District and all matters raising concerns about the ability of the district to ensure the provision of a thorough and efficient education to its students including, but not limited to, the "One Newark" plan.
2. The membership of the Joint Committee on the Public Schools as previously constituted is reconstituted and continued as the membership of the special committee.
3. For the purposes of carrying out its charge under this resolution, the committee shall have all the powers conferred pursuant to chapter 13 of Title 52 of the Revised Statutes.
4. a. The committee may meet and hold hearings at the times and places it designates.
b. The committee shall be entitled to call to its assistance and avail itself of the services of officials and employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and to employ any other services as may be deemed necessary in order to perform the duties provided herein, within the limits of funds appropriated or otherwise made available for that purpose.
c. The committee shall be entitled to call to its assistance, employ, and avail itself of the services of special counsel retained to assist the committee, within the limits of funds appropriated or otherwise made available for that purpose.
d. The committee shall be further entitled to incur traveling and other miscellaneous expenses as may be deemed necessary within the limit of funds appropriated or otherwise made available to that purpose.
5. This concurrent resolution shall take effect immediately and the special committee's powers pursuant to chapter 13 of Title 52 of the Revised Statutes shall expire at noon on Tuesday, January 9, 2018.
STATEMENT
This resolution constitutes the Joint Committee on the Public Schools as a special committee to investigate the operation of the Newark School District and all matters raising concerns about the ability of the district to ensure the provision of a thorough and efficient education to its students including, but not limited to, the "One Newark" plan. The committee would have the power to subpoena witnesses and documents as well as all other powers conferred pursuant to chapter 13 of Title 52 of the Revised Statutes.
